Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36440 of 2018 Applicant :- Javed Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sudarshan Singh, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.
The submission of learned counsel for the applicant is that the applicant has already been granted bail in Case Crime No. 1112 of 2017, under sections 302, 34, 120B I.P.C. by this Court vide order dated 07.09.2018 passed in Crl. Misc. Bail Application No. 34055 of 2018. A copy of the said order has been annexed as Annexure No. 2 to the affidavit filed in support of bail application. But during the course of investigation, the police also added Sections 147, 148, 149 I.P.C. in same case crime number. It is further submitted that after the arrest of the applicant he has falsely been roped in some other cases which has properly been explained in para 8 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 05.06.2018 and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any view on the merit of the case, I find it to be a case of bail.
Let applicant Javed Khan be released on bail in Case Crime No. 1112 of 2017, under Sections 147, 148, 149 IPC, Police Station- Cantt., District- Varanasi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.9.2018 Arti